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June 17, 2013, 08:11 PM | #126 |
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We have an update.
Jared Marcum, the 14 yr.old teen, was formally charged with obstruction: 14-year-old at the center of "NRA T-Shirt Controversy" now facin - WTRF 7 News Sports Weather - Wheeling Steubenville It appears that the kid is going to be made an example. He faces a fine of $500 or up to 1 year in jail, according to the report. What we don't yet know, is if this is in Juvenile court (where Jared will not have a jury) or if he was charged as an adult. |
June 17, 2013, 08:28 PM | #127 |
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All this started with he was wearing an NRA t-shirt ? Doesn't he have the right to wear that t-shirt under the 1st amendment of free speech ? I maybe off base but I don't think anyone had the right to demand he change his t-shirt. As for the charge of obstructing I thinks that a bunch of bull. They infringed on his constitutional rights and that started all this. Whats next we will be told what we can and can't wear as far as t-shirts, hats, pants etc. ? It seems to me this is a form of censorship and unconstitutional. Maybe I am wrong but that's the way I see it. Anti gunners flexing their muscle against a young kid, trying to make an example out of him.
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June 17, 2013, 08:37 PM | #128 | |
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June 17, 2013, 08:53 PM | #129 | |
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Interesting quandary for him and his attorney, I'd think. WEST VIRGINIA CODE §49-5-10. Waiver and transfer of jurisdiction.
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June 18, 2013, 06:19 AM | #130 |
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I've read all 6 pages of this thread and I've come to the conclusion this is a free speech issue. I wonder where the ACLU is? (rhetorical question, I know) They've defended students for much less. Had this kid been wearing a Che Guevera shirt and told to turn it inside out or wear another shirt, the ACLU would be all over this.
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June 18, 2013, 06:50 AM | #131 |
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My understanding is that he was charged with Obstructing and Officer because the officer repeated the school's (unlawful) demand that the kid remove the tee shirt, and the kid did not do so. So the officer arrested him.
How is that "Obstruction"? If a cop pulls over a drunk at midnight and issues a command "Make yourself sober" and the driver (obviously) can't comply, is that "Obstruction"? The kid didn't resist arrest in any way, from what I can remember reading. He simply asserted his rights. Is there a legal fund somewhere for this kid that I can contribute to? |
June 18, 2013, 07:15 AM | #132 |
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^I agree and I'd contribute.
Although I wonder if the NRA plans to get involved - he was wearing their shirt after all. Seems like a good opportunity for them to be viewed in a positive light by all because its not really about guns this time, its Free Speech and the unjustified persecution of a kid. |
June 18, 2013, 08:50 AM | #133 | |
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Misuse of authority is what this is,,,
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But I believe it's more of an example of law enforcement over-each. The officer was simply angered by the fact,,, That the kid didn't immediately comply with his order. This is like when a cop threatens you with an "obstructing justice" charge,,, When you are standing on the sidelines recording an encounter. Shame on him and the entire school board. This is nothing more than a trumped up charge,,, For defying their perceived authority. I believe the proper term is,,, Abuse under color of authority. Again, shame on them. Aarond .
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June 18, 2013, 01:15 PM | #134 |
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I have seen kids arrested at school for stupid reasons, not all of them gun or 'terrorist' in nature. I worked in juvenile detention and found that most of the kids arrested were disliked by the administration or the campus police and were just being arrested to get rid of them. Bullying and some other real problems are left untouched if the kid is popular. I would love to do something about it, but what? There is no way I would send my kids to that mess, I home school. I avoid these problems and the brainwashing the government is doing in schools.
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June 18, 2013, 08:31 PM | #135 |
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Definitely overreaching by the police officer. At the very worst, he should face school discipline, not arrested for wearing a t-shirt.
I am most definitely not an authority on the First Amendment, but my understanding is that the right may be restricted in school if done in a content neutral manner. For example, a school could ban all t-shirts with a political message but not just messages with which they disagree. I don't think we know enough about school policy to make a call on whether the student was in violation of a lawful policy. I'll repeat, though, that the officer was definitely overreaching. |
June 18, 2013, 09:00 PM | #136 |
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After a very brief email exchange with the reporter at WTRF, Ms. Greene has responded that Jared was charged in Juvenile Court.
Consider what we know.
Barring something else, that we haven't heard about, this was abuse of authority, from start to finish. There is also a message to be taken away from this fiasco: Do what you are told, even if it is wrong. |
June 18, 2013, 09:13 PM | #137 |
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You left out one important piece unless I missed something: The judge didn't throw out the charges at the preliminary hearing. As Homer Simpson said (I think, quoting Jack Nicholson), "The whole freakin' system is out of order!"
IMHO, the principal needs to be fired and the prosecutor AND the judge need to be disbarred.
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June 18, 2013, 10:18 PM | #138 |
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I'm old and tired of all this PC non-sense.
Fire the teacher and Principal. Fire the cop and Chief. Remove the Prosecutor. Remove the Judge. Then ... SUE THE PANTS off EVERYBODY INVOLVED for SERIOUS MONEY ... I mean MILLIONS OF DOLLARS! I'm only upset that there isn't a way to put the "authorities" in prison for "over-reaching and being really stupid". I know that's not a crime, but it's getting to the point where it should be. They should also be stripped of their pensions too! By the way, I ate my grilled cheese into the shape of a derringer last Sunday night. Anybody got a problem with that? |
June 19, 2013, 06:31 AM | #139 |
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I like your grilled cheese......................
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June 19, 2013, 06:47 AM | #140 |
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I just received this email, Jared is getting help
logo Gun Owners Foundation
Taking on Zero Tolerance in Schools supporting Jared Marcum against overzealous prosecutor Gun Owners Foundation has come to the defense of a West Virginia teenager who is actually being prosecuted (a.k.a., persecuted) for his pro-gun views. Jared Marcum wore a T-shirt to his Logan County middle school in West Virginia on April 18 -- a decision that has since sparked a national controversy. No, Jared’s T-shirt did not depict a Muslim beheading a victim while shouting Alahu Akhbar! Such depictions of violence would violate the school’s dress code. Jared’s T-shirt depicted a hunting rifle with the message: “Protect Your Right.” And now, he faces up to a year in jail for doing so! The outrageousness of this case has prompted the involvement of Gun Owners Foundation, which has agreed to help Jared pro bono. People can help Gun Owners Foundation assist Jared Marcum by going to our foundation’s site and giving a contribution. It all began on April 18. Everything was fine for the morning classes, but then the day went goofy when an anti-gun teacher confronted Jared in the lunch line and told him to turn his shirt inside out. Jared pointed out that his shirt did not violate school policy. The teacher sent Jared to the office where the same back and forth was repeated with the administration. Then a police officer was summoned who ordered Jared to turn his shirt inside out. Jared told the officer and the administration that he was doing nothing wrong. According to the officer, Jared’s shirt constituted a terrorist threat. He did not put that in his written report, but instead charged Jared with obstructing an officer (apparently Jared interrupted the officer while he was talking to the administration). Jared was cuffed, charged and told that he could be fined up to $500 and spend up to a year in jail. The prosecutor decided to press the charge, and a judge allowed the prosecution to proceed. In a town of less than 2,000, what are the odds that at least five adults are this insane? And all on the same day? Zero Tolerance can be better understood as Zero Judgment. Jared was suspended for a day. When he returned to school, around 100 students wore similar shirts, and Jared wore the same shirt that fried the brains of five grownups two days earlier. Nothing happened. None of the students heard a word about their T-shirts. Jared and his stepfather, Allen Ladieri, are to be commended for not backing down, and Gun Owners Foundation is actively supporting the case. Usually, Gun Owners Foundation supports individuals appealing convictions on firearms charges that involve constitutional issues. But we think that Jared’s case warrants special attention, as it involves both First and Second Amendment freedoms. If we are not allowed to make pro-Second Amendment statements -- all because somebody is offended -- then we can count the days to when we’ll lose the freedoms enshrined in both Amendments. If Jared prevails in this case, we may have finally reached a turning point regarding Zero Tolerance, which is one of the most insidious policies being inflicted on the nation’s young people. ACTION: While GOF is helping defend Jared Marcum pro bono, there are obviously significant costs involved. So please help by making a tax-deductible contribution to Gun Owners Foundation. You can assist in the Jared Marcum defense by giving a contribution to GOF here. To read more about Gun Owners Foundation, click here. |
June 19, 2013, 07:33 AM | #141 |
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GOA is accepting donations for his defense.
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June 19, 2013, 10:11 AM | #142 | |
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June 19, 2013, 11:13 AM | #143 |
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That's a good question. As far as I can tell, based on a quick Google search, there isn't an independent defense fund to which one could send money directly. I'd also like to know how these organizations are handling this.
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June 19, 2013, 11:53 AM | #144 |
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This appears to be the law firm. No e-mail contact that I could find and I don't feel like calling them, but I might just send them a check and a note asking them to assign it to Jared's account.
http://pview.findlaw.com/view/2816150_1 White, Ben B. III White & Henderson 1426 Main Street Princeton, WV 24740-3064 Phone: (304) 425-8781 Sadly, I don't trust groups like GOA to forward contributions to the family or to the attorney. |
June 19, 2013, 12:10 PM | #145 |
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I don't know about GOA. But here is the website if you trust them.
https://www.gunowners.com/contribute.htm
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June 19, 2013, 02:39 PM | #146 | |
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How about when doing what you are told means rousting people out of their homes to load them into cattlecars for ...relocation? OR when doing what you are told includes machinegunning civilians to "teach terrorists a lesson" OR when doing what you are told crosses any number of lines, ethecially, or morally or legally? They want us to shut up, and meekly obey any and every command we are given, no matter what it is, or even if they have the valid authority to order it. I believe they are charging this boy with obstruction because he did not break any law, or even any school regulation, and this is the only thing they can use to punish him for not meekly submitting to the arbitrary orders of a agenda driven bully cloaked as a school official. And worse yet, doing it in front of a group of other students. Can't have him giving them ideas about rights and freedoms that differ from our party line, now can we? No, comrade, we can't have that!..... Obstructing an officer is a catch-all charge that can be thrown at anyone, for literally any reason. All that is needed for the charge is the arresting officer's opinion. And one does not need for that obstruction to be effective (in other words what one did, or did not do, had no actual effect on the officer's ability to carry out their duty) in order to be convicted. The fact that, in the officer's opinion, you tried to obstruct them is often enough for a court to convict.
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June 19, 2013, 04:02 PM | #147 | |
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That web site is for general contributions to the organization, it doesn't even mention this case let alone have a sequestered defense fund earmarked for this kid. Thanks, but no thanks. |
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June 19, 2013, 04:30 PM | #148 |
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It looks like they're a GOA satellite. I notice at the top of their litigation page they're still claiming support for the Olofson case. That's not an indication of a competent organization.
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June 19, 2013, 07:04 PM | #149 |
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Al --
Thanks for the detailed info about what happened. Those facts certainly make it clear that this was a fiasco from the beginning. |
June 19, 2013, 10:10 PM | #150 | |
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Jim, you're welcome.
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I think we should all remember that the original "orders" by the teacher (who is not an administrator, and according to the official school code, could not give this order) were to, in effect, disrobe in public. That in and of itself is an unlawful order. We should also remember that Jared had gone through most of the school day wearing the t-shirt, and no other authority figure had any problems. Just this one teacher who was apparently passing through the lunchroom. Now, according to the original stories, what happened after this was an almost full scale riot, where the kids in the lunch room fell on Jared's side and boo'ed the teacher. This is where the loss of face occurred. It didn't help that Jared probably got caught up in this "free-for-all." Everything after that, followed a natural progression of upholding the authority of the school. |
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